ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of May 29, 2020 No. 69

About approval of rules of rendering the state services in enforcement proceeding questions

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Approve enclosed:

1) Rules of rendering the state service "Carrying Out Certification of Persons Applying for Occupation Activities of the Private Legal Executive" according to appendix 1 to this order;

2) Rules of rendering the state service "Licensing for Occupation Activities of the Private Legal Executive" according to appendix 2 to this order;

3) Rules of rendering the state service "Excitement of Enforcement Proceeding based on the Executive Document according to the Statement of the Claimant" according to appendix 3 to this order.

2. Recognize invalid some orders of the Minister of Justice of the Republic of Kazakhstan according to the list in appendix 4 to this order.

3. To provide to department on execution of court resolutions of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order;

2) placement of this order on Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

4. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

5. This order becomes effective after twenty one calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of May 29, 2020 No. 69

Rules of rendering the state service "Carrying Out Certification of Persons Applying for Occupation Activities of the Private Legal Executive"

Chapter 1. General provisions

1. These rules of rendering the state service "Carrying Out Certification of Persons Applying for Occupation Activities of the Private Legal Executive" (further - Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" and determine procedure for rendering the state service "Carrying Out Certification of Persons Applying for Occupation Activities of the Private Legal Executive" (further - the state service).

2. The state service appears territorial authorities of justice of areas, cities of republican value and the capital (further - the service provider).

3. The principle of "one statement" - the form of rendering the state service providing set of several state services rendered based on one statement.

Chapter 2. Procedure for rendering the state service

4. The service provider places on the Internet resource the announcement of date, time and the venue of certification of persons applying for occupation activities of the private legal executive (further – certification).

The physical person (further – uslugopoluchatel) for receipt of the state service no later than five working days about day of carrying out certification directs to the service provider the application through the web portal of "the electronic government" www.egov.kz.

The list of the main requirements to rendering the state service (further – the List) including the name of the state service, the name of the service provider, methods of provision of the state service, term of rendering the state service, form of rendering the state service, result of rendering the state service, the amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan, the working schedule of the service provider, list of the documents and data requested at uslugopoluchatel for rendering the state service and the basis for refusal in rendering the state service, established by the laws of the Republic of Kazakhstan and also other data taking into account features of provision of the state service are stated in the List according to appendix 1 to these rules.

5. Uslugopoluchatel agrees to use of the data which are the secret protected by the law, containing in information systems when rendering the state services if other is not provided by the laws of the Republic of Kazakhstan.

In case of delivery by uslugopoluchatel the application through the portal is directed the status about acceptance of request for rendering the state service to "personal account", and also the notification with indication of date and time of receipt of result of rendering the state service.

6. / not condition on accounting in the organizations providing medical care in the field of mental health concerning mental, behavioural disturbances (diseases) including connected with the use of psychoactive agents the service provider receives data on the identity document of uslugopoluchatel, on condition from the state information systems through lock "the electronic government.

The service provider in day of receipt registers the statement and transfers to execution.

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays, according to the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan", registration of a statement on receipt of the state service is performed the next working afternoon.

7. The service provider within two working days from the moment of receipt of documents of uslugopoluchatel checks completeness of the submitted documents.

In case of incompleteness of data in the statement, the service provider in time no later than two working days from the date of their receipt, gives motivated refusal in further review of the statement. The refusal is issued in electronic form, signed by the digital signature (further - the EDS) the authorized person of the service provider and goes to "personal account" of uslugopoluchatel.

8. The bases for refusal in rendering the state service:

1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;

2) availability of restrictions, stipulated in Item 2 articles 140 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives;

3) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to the requirements established in the order of the Minister of Justice of the Republic of Kazakhstan of November 26, 2019 No. 561 "About approval of Rules of passing of training at the private legal executive" (it is registered in the Register of state registration of regulatory legal acts at No. 19669).

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